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Friday, February 22, 2008

Charges exposed

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-caseFeeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.***Original post: Arraignment continued second time, charges exposed

According to the transcripts, Gallegos alleged that Douglas and/or Zanotti committed three acts with criminal negligence and two crimes.

The first act allegedly committed with criminal negligence, was failing to adequately supervise or direct the EPD SWAT team members in relation to Moore — a barricaded subject.

The second act alleged against the defendants is failing to adequately supervise the EPD Crisis Negotiation Team.

The third states that they failed to provide adequate communication between the EPD, SWAT and CNT — to enable them to plan and/or prepare how to respond to Moore....

...The first alleged crime reportedly committed by the defendants is unauthorized destruction of property — a misdemeanor under California Penal Code Section 603.

According to the transcripts, “(It applies) to every person, other than a peace officer engaged in the performance of his duties as such who forcibly and without consent ... enters a dwelling house ... and who damages, injures or destroys any property of value in, around or appertaining to such (a) dwelling. ...”

The second alleged crime is reportedly home invasion, PC 602.5 (a). “(The law states) every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any ... residential place without the consent of the owner ... or the person in lawful possession thereof is guilty of a misdemeanor.”

17 comments:

May I be the first to say, WTF? The point of two misdemeanors is what, exactly? And if you are going to do that, why PC 602.5(a)? Shouldn't it be 602.5(b), as Ms. Moore was home? the (a) count is a six month misdo, while the (b) count is one year (maximum punishment). If you are going to do this you hould do it right. Hey, how many times do you think Ms. Fleming brushed her teeth after this appearence. Poor Maggie.

Indeed, PVG seems to have reverted to the defense tactic of flinging all possible mud in hopes that something sticks. A proud moment for the DA's office. Well done, you can hold your heads high over this one.

As for Ms. Fleming, it is pretty hard to feel sorry for her. She evidently agrees with her moron boss because she keeps on protecting him and working for him. What happened to having a little self respect and just saying "no."

2/22/2008 8:43 AM said: "As for Ms. Fleming, it is pretty hard to feel sorry for her. She evidently agrees with her moron boss because she keeps on protecting him and working for him. What happened to having a little self respect and just saying "no." "

Or - maybe Ms. Fleming thinks her boss has brought appropriate charges and is doing her job in the pursuit of justice in this matter, notwithstanding the spin and splutter that is spewed about daily by the proprietor of this blog.

At any rate, it will soon be a trial jury and a judge that gets to decide on the facts and the law in this case, not a bunch of cops and bloggers.

You bang on Maggie Fleming. Why? Because PVG is such a moral coward that he sends her to do "his" (dirty work) arraignment. He's the one that pushed this case and grabs all the glory (and press) he can by being the Man going cops BUT, when it's time for arraignment he sends Fleming, or Dollison (at the first arrignment).

Would you expect all career military personnel to abandon their career, their livlyhood, just because they don't approve of everything the president does?

Maggie Fleming is a good person. Actually she is a great person. And a great deputy DA, a real asset to this community. Something that can't be said about her boss without overcoming the urge to gag.

That Cheri Moore incident could have been handled in a hundred different ways. But who is to say the outcome would have been any different? Cheri Moore was a mentally ill and tormented person, sad but true.

From everything I've read criminal charges against the police managment in this case are just not warranted. This is the DA, Paul V. Galegos, grandstanding for his loyal followers (or puppet masters). And just like the PL fiasco this will be tossed out of court and it will have accomplished nothing positive. With the exception of pumping up the ego of PVG, the 2nd rate criminal defense layer turned King.

You must know her then 8:58. I don't and don't care to. Seems to me that she is not military personnel but a lawyer who could get a job in any office. It also seems to me that a lot so many lawyers have left that office, that they found livelihoods other places without abandoning their principals.

One thing I will say is that the people I talk to who have connections with the DA's Office, speak very very highly of Maggie Fleming, her ability, and her professionalism.

The people who have spoken out have done so hoping to help her, and the others in the office.

From my perspective - I have no respect for those who do not speak out.

They could have done so long long ago and perhaps prevented the situation with which they are now dealing.

I often wonder why those who give their life's work to protect others, who would go to battle to save others from enduring horrific work conditions, who will speak out on behalf of others, will not lift one finger to stand up for themselves.

Paul's Out.

Paul Gallegos

The Humboldt County Grand Jury found that "Weak leadership and poor managerial practices" have undermined the office... Implicit in all evidence gathered by the Grand Jury - including interviews with the D.A. - is the unfortunate truth that the D.A. exhibits a limited understanding of how things are done in the department" Gallegos "lacks the global perspective needed to keep the department operating efficiently," and quotes an unnamed staff member as saying, "The D.A. does not fully understand the functionality of many of the things we do here" - Years later, in his own words: "I’m not an administrator, they didn’t elect me to be an administrator, they elected me to make sure this office runs..."

It’s still heresy to say it out loud, but the great secret of the Gallegos constituency is how many people in the camp are, truth be told, sick to death of the man. I have seen radical lefty Humboldt State professors roll their eyes and gag when his name comes up. I have talked to more than one person on his endorsement list who half-hates himself for allowing his name to be used. The question is: What will these people do in the privacy of the voting booth?Hank Sims

Gallegos on Measure T

6 minute VIDEO Click on the pic Anonymous: Gallegos looks and sounds like he either had been drinking or hitting off his bong. What a nut.... Anonymous: My favorite Gallegos moment in this snippet is when he says he supports Measure T for two reasons and holds up one finger to emphasize the point.

PleaDealsRUS

Letting Bad Guys Off Easy Since 2003

Douglas & Zanotti

CASE TOSSED The district attorney misrepresented the law and failed to provide evidence of former Eureka Police Chief David Douglas' and Lt. Tony Zanotti's innocence during a criminal grand jury inquiry into the 2006 shooting death of Cheri Lyn Moore, defense attorneys argued in court documents filed Thursday... ”Our judicial system stands as a real and necessary check on the grand jury indictment process,” one of the documents states. “This court has the authority and the means by which to halt this prosecution, which is justified neither by the undisputed facts, nor by the law.”

Gallegos has taken what was "arguably the state's best small DA's office, with a cutting edge CAST program that "trained the trainers"... into a bunch of time serving bureaucratic wannabee brown nosers, lightly sprinkled with a couple of earnest learners who are sure to split as soon as possible.

One weeps for Max Cardoza who won Angellel, and for Maggie Fleming who won so many impossible victories. Mired in Humboldt for personal reasons, they have to suffer the ignominy of working for Paul, with Yougo, yes, yougo who has freed more people as a prosecutor than he did as a defense attorney. As has Paul. Anonymous comment

Gallegos has answers for everything. I’ve never met anyone whose answers came so quickly, with such polish - except about his law school(s). He likely sounded the same way when promising to get prosecutors off their anachronistic “at will” status and onto civil service status. It never happened. Indeed, he told them, “Disloyalty will not be tolerated” – a real morale builder.

He sounds great. What progressive doesn’t want to believe in him? But it’s a myth. He’s an intellectual lightweight and self-aggrandizer who tries to please everybody with glib answers. Jim Fahey for The Arcata Eye

The Humboldt County DA's office is one of the most exciting prosecutorialoffices in California.

Its District Attorney, Paul Gallegos, is willing to charge anyone who commitswrongdoing--no matter how wealthy, sacrosanct, or ruthless. He believes in total equality before the law. He also plans to be innovative in promoting programs of prevention and treatment. He wants to make it the best prosecutorial office of its size in the nation.... Gallegos' Help Wanted ad

Plagiarism

1980 Murder

Gallegos' OWN Quotes

★ ...District Attorney Paul Gallegos said he believes the statute of limitations clock, even on misdemeanors, doesn't start running until law enforcement knows or reasonably should have known of the offense. In this case, Gallegos said, that means the statute of limitations would not run out at least until Feb. 8, 2009, or one year after Gundersen's arrest and the discovery of the photographs in question...

★ “I never said that the information was not available under the Freedom of Information Act. Quite the contrary, I informed you that our use of force policy is not a public record.” Paul Gallegos to the Times Standard 5/25/07

★ ...“One is that I do everything to make people happy which means I don’t stand for anything except for just something,” he said. “The other is I stand for something and I try to be a leader and take some people, a group of people, a community someplace and I say guess what folks, this is who I am. I stand for your beliefs. We share these beliefs or we don’t. You get the option to judge that. This is who I am and I am committed to leading us this place, wherever it is...." Eureka Reporter Gallegos defends record, looks ahead 7/3/2005

★ Note the difference between what he SAID, and what he DOES..."...So what are these issues? Top on Gallegos' list is the proliferation of "garbage cases," small-time crimes and overcharged cases that he said are clogging up the court system.

Garbage cases, said Gallegos, come in two forms: Cases that would lose if actually brought to trial and cases that are overcharged for the crimes committed. The idea behind filing both kinds of garbage, he said, is to get the defendant to plead guilty, netting a conviction without having to go into court.

Again, the IRONY is astounding! Look at what he SAYS, and then think about what he DOES! "Probably 95 percent of the cases that are filed plead guilty. In fact, there are a lot of cases that are filed on the assumption they will plead guilty, because of the time and expense involved in defending them. But these cases shouldn't even be filed in the first place, because if they were challenged, they would lose," Gallegos said. Better yet: If they weren't filed at all, it would save the county time and money...." North Coast Journal 2/21/02 Too bad he didn't take his own advice.

★ “Tim’s a stud,” he said. “He really is; anyone would be stoked to have him.” Gallegos on his second in command right hand man Assistant District Attorney Tim Stoen. (Former second in command right hand man to Jim Jones/People's Temple.)

NOT GUILTY!

"This is not the crime of the century. I'll concede that entirely." Humboldt County DA Paul Gallegos on the Toddler Wandering case, where he threw the full weight of the law against an innocent father. The jury took a couple of minutes to sign the papers needed to find him not guilty. Only one example of Gallegos' schizophrenic pattern of pursuing cases.

Local serial killer

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NOTE:

"Helping Crush Progressivism" - ie: exposing the predatory litigious orgs and those who seek power for power's sake.... The original purpose of watchpaul is to post important documents relating to Humboldt County District Attorney Paul Gallegos and his handlers who seek to gain power through the acquisition of political offices. This includes, but is not limited to, the manipulations of "Humboldt Watershed Council," "EPIC," "Baykeeper," and other activist groups - the unregulated orgs. It also includes the master manipulators, such as Richard Salzman and Ken Miller.

Links to key stories and documents are also included in the sidebar, so that you do not have to try to scroll back through what has become a lengthy series of posts. I encourage you to use the Search and Labels features as well.

NOTE:

The Eureka Reporter ceased publication and pulled all online archives. Links to ER stories will no longer work. Some stories have been saved on watchpaul.articles, the rest can, hopefully, be accessed at the Humboldt State University Library.